[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 212 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 212

      To amend the Valles Caldera Preservation Act to improve the 
      preservation of the Valles Caldera, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2005

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
      To amend the Valles Caldera Preservation Act to improve the 
      preservation of the Valles Caldera, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Valles Caldera Preservation Act of 
2005''.

SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

    (a) Acquisition of Outstanding Mineral Interests.--Section 104(e) 
of the Valles Caldera Preservation Act (16 U.S.C. 698v-2(e)) is 
amended--
            (1) by striking ``The acquisition'' and inserting the 
        following:
            ``(1) In general.--The acquisition'';
            (2) by striking ``The Secretary'' and inserting the 
        following:
            ``(2) Acquisition.--The Secretary'';
            (3) by striking ``on a willing seller basis'';
            (4) by striking ``Any such'' and inserting the following:
            ``(3) Administration.--Any such''; and
            (5) by adding at the end the following:
            ``(4) Available funds.--Any such interests shall be 
        acquired with available funds.
            ``(5) Declaration of taking.--
                    ``(A) In general.--If negotiations to acquire the 
                interests are unsuccessful by the date that is 60 days 
                after the date of enactment of this paragraph, the 
                Secretary shall acquire the interests pursuant to 
                section 3114 of title 40, United States Code.
                    ``(B) Source of funds.--Any difference between the 
                sum of money estimated to be just compensation by the 
                Secretary and the amount awarded shall be paid from the 
                permanent judgment appropriation under section 1304 of 
                title 31, United States Code.''.
    (b) Obligations and Expenditures.--Section 106(e) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-4(e)) is amended by adding at 
the end the following:
            ``(4) Obligations and expenditures.--Subject to the laws 
        applicable to Government corporations, the Trust shall 
        determine--
                    ``(A) the character of, and the necessity for, any 
                obligations and expenditures of the Trust; and
                    ``(B) the manner in which obligations and 
                expenditures shall be incurred, allowed, and paid.''.
    (c) Solicitation of Donations.--Section 106(g) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-4(g)) is amended by striking 
``The Trust may solicit'' and inserting ``The members of the Board of 
Trustees, the executive director, and 1 additional employee of the 
Trust in an executive position designated by the Board of Trustees or 
the executive director may solicit''.
    (d) Use of Proceeds.--Section 106(h)(1) of the Valles Caldera 
Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended by striking 
``subsection (g)'' and inserting ``subsection (g), from claims, 
judgments, or settlements arising from activities occurring on the Baca 
Ranch or the Preserve after October 27, 1999,''.

SEC. 3. BOARD OF TRUSTEES.

    Section 107(e) of the Valles Caldera Preservation Act (U.S.C. 698v-
5(e)) is amended--
            (1) in paragraph (2), by striking ``Trustees'' and 
        inserting ``Except as provided in paragraph (3), trustees''; 
        and
            (2) in paragraph (3)--
                    (A) by striking ``Trustees'' and inserting the 
                following:
                    ``(A) Selection.--Trustees''; and
                    (B) by adding at the end the following:
                    ``(B) Compensation.--On request of the chair, the 
                chair may be compensated at a rate determined by the 
                Board of Trustees, but not to exceed the daily 
                equivalent of the annual rate of pay for level IV of 
                the Executive Schedule under section 5315 of title 5, 
                United States Code, for each day (including travel 
                time) in which the chair is engaged in the performance 
                of duties of the Board of Trustees.
                    ``(C) Maximum rate of pay.--The total amount of 
                compensation paid to the chair for a fiscal year under 
                subparagraph (B) shall not exceed 25 percent of the 
                annual rate of pay for level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code.''.

SEC. 4. RESOURCE MANAGEMENT.

    (a) Property Disposal Limitations.--Section 108(c)(3) of the Valles 
Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) is amended--
            (1) in the first sentence, by striking ``The Trust may not 
        dispose'' and inserting the following:
                    ``(A) In general.--The Trust may not dispose'';
            (2) in the second sentence, by striking ``The Trust'' and 
        inserting the following:
                    ``(B) Maximum duration.--The Trust'';
            (3) in the last sentence, by striking ``Any such'' and 
        inserting the following:
                    ``(C) Termination.--The''; and
            (4) by adding at the end the following:
                    ``(D) Exclusions.--For the purposes of this 
                paragraph, the disposal of real property does not 
                include the sale or other disposal of forage, forest 
                products, or marketable renewable resources.''.
    (b) Law Enforcement and Fire Management.--Section 108(g) of the 
Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is amended--
            (1) in the first sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(1) Law enforcement.--
                    ``(A) In general.--The Secretary'';
            (2) in the second sentence, by striking ``The Trust'' and 
        inserting the following:
                    ``(B) Federal agency.--The Trust''; and
            (3) by striking ``At the request of the Trust'' and all 
        that follows through the end of the paragraph and inserting the 
        following:
            ``(2) Fire management.--
                    ``(A) Non-reimbursable services.--
                            ``(i) Development of plan.--The Secretary 
                        shall, in consultation with the Trust, develop 
                        a plan to carry out fire preparedness, 
                        suppression, and emergency rehabilitation 
                        services on the Preserve.
                            ``(ii) Consistency with management 
                        program.--The plan shall be consistent with the 
                        management program developed pursuant to 
                        subsection (d).
                            ``(iii) Cooperative agreement.--To the 
                        extent generally authorized at other units of 
                        the National Forest System, the Secretary shall 
                        provide the services to be carried out pursuant 
                        to the plan under a cooperative agreement 
                        entered into between the Secretary and the 
                        Trust.
                    ``(B) Reimbursable services.--To the extent 
                generally authorized at other units of the National 
                Forest System, the Secretary may provide presuppression 
                and nonemergency rehabilitation and restoration 
                services for the Trust at any time on a reimbursable 
                basis.''.
                                 <all>